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Hart-Dole-Inouye Design-Build Fire Protection Upgrade
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GS-05P-15-SL-C-0026
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GSA Solicitation No. GS05P15SLC0026

Design Build Contract for HartDoleInouye Fire and Life Safety Project

The Solicitation

552.21971 Notice to Offerors of Subcontracting Plan Requirements (MAR 2012)

The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, womenowned, veteranowned, and servicedisabled veteran owned small business concerns to participate in the performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.2199, Small Business Subcontracting Plan, to reflect this commitment. Consequently, an offeror, other than a small business concern, before being awarded a contract exceeding $650,000 ($1,500,000 for construction), must demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, womenowned, veteranowned, and servicedisabled veteran owned small business concerns as subcontractors in the performance of this contract.

Notice of Commercial Package Carriers

Because of increased security standards, commercial package carriers may experience delays in making deliveries to the address designated for receipt of offers. United States Mail delivered to Government offices in the Washington, DC area is subject to irradiation, significantly delaying deliveries and potentially damaging or defacing mail contents. Offerors should take these facts into consideration when determining how and when to transmit offers to the office designated for receipt.

Table of Contents

I. General Information

A. The Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives D. PreProposal Conference E. Estimated Price Range F. FAR 52.2281 Bid Guarantee G. FAR 52.23627 Site Visit Construction H. Receipt of Offers

June 24, 2015 (The Solicitation) Pages 1 of 27

II. Proposals

A. Proposal Contents B. Proposal Format C. Price Proposal D. Technical Proposal E. Other Information to Submit with Proposal F. Requirements for Joint Venture Offerors

III. Solicitation Provisions

A. Availability of Funds B. Requests for Clarification or Interpretation C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Bond Requirements H. Contractor Performance Information I. Safeguarding Documents Designated as Sensitive But Unclassified

IV. FAR/GSAR Solicitation Provisions

A. FAR 52.2151 Instructions to Offerors—Competitive Acquisition B. FAR 52.2161 Type of Contract C. FAR 52.2225 Construction Wage Rate Requirements—Secondary Site of the Work D. FAR 52.22223 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction E. FAR 52.2332 Service of Protest F. Buy American G. Buy American Exceptions H. Small Business Subcontracting Plan I. FAR 52.2521 Solicitation Provisions Incorporated by Reference

V. Method of Award A. Evaluation of Offers B. Determination of Responsibility C. Price Reasonableness D. Unbalanced Prices E. Total Evaluated Price F. NonPrice Factors G. Evaluation of Joint Venture Offerors

(The Solicitation) Pages 2 of 27

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation sets forth requirements for proposals for a Contract to design and construct the Project described in the Solicitation Documents. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

(2) Neither the Solicitation nor any part of an Offeror's proposal shall be part of the Contract except to the extent expressly incorporated therein by the Contracting Officer.

(3). The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer. No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) The Agreement

(3) Offeror Representations and Certifications Form

(4) Standard Form (SF) 1442 – Solicitation Offer and Award and Contract Price Form

(5) The Program of Requirements/Statement of Work

(6) Specifications

(7) Davis Bacon Act Wage Determination

(8) Standard Form 24: Bid Bond

(9) GSA Form 527: Contractor’s Qualifications and Financial Information

(10) Preproposal Registration Notice

(The Solicitation) Pages 3 of 27

I.C. Authorized Representatives

The following individuals are designated as the authorized GSA representatives under this Solicitation:

I.D. PreProposal Conference A preproposal conference regarding this Solicitation is scheduled as follows:

Date: June 30, 2015 Time: 11:30 1:30 Local Time

Location: HartDoleInouye Federal Center 74 North Washington Avenue Battle Creek, MI 49037

Interested parties must complete and the document entitled “PreProposal Registration Notice”, and email it to the Contracting Officer, Helen DiMonte, at helen.dimonte@gsa.gov. The completed “PreProposal Registration Notice must be provided to Helen DiMonte no later than June,29 2015. Only those parties who have notified the Contracting Officer and provided necessary information in advance of the meeting will be allowed to attend.To request a reasonable accommodation due to a disability, contact the Contracting Officer.

I.E. Estimated Price Range or Budget Amount

The estimated price range for the Project is between $7,500,000 and $12,500,000.

I.F. FAR 52.2281 Bid Guarantee (SEP 96)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed

(The Solicitation) Pages 4 of 27 bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I.G. FAR 52.23627 Site Visit Construction (FEB 95)

(1) The clauses at FAR 52.2362, Differing Site Conditions, and FAR 52.2363, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

(2) Preregistration is required for all attendees to the preproposal Site Visit. The Site Visit shall be limited to not more than two (2) representatives from each Offeror. Offerors shall submit a PreProposal Registration Notice identifying all attendees from their respective team. Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the preproposal Site Visit. Notification of the location of entry, where attendees are required to meet, and all other requirements for the Site Visit are specified in the above section entitled Preproposal Conference. Submit the PreProposal Registration Form to the Contracting Officer, Helen DiMonte at helen.dimonte@gsa.gov no later than Friday, June 29, 2015.

For further information about the site visit or access requirements, please contact:

Name: Helen DiMonte Address: 230 S. Dearborn Street, Suite 3600, Chicago, IL 60604 helen.dimonte@gsa.gov

I.H. Receipt of Offers

(1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office no later than 3:00 pm local time on the following date and at the following address:

Date: July 21, 2015 Address: 230 South Dearborn Street, Suite 3600, Chicago IL 60604

Attention: Helen DiMonte

(2) Offers sent by commercial package delivery and hand delivery shall be deemed received as of the date and time of delivery to the office designated for receipt of offers.

(3) Offers sent by United States Mail shall be deemed timely if delivered to the address of the office designated for receipt of offers on or before the date established for receipt of offers.

June 24, 2015 (The Solicitation) Pages 5 of 27 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365

II. Proposals

II.A. Proposal Contents

Proposals shall consist of the following documents, completed and executed in accordance with this Solicitation:

(1) Price Proposal (SF 1442 and Contract Price Form)

(2) Technical Proposal

(3) Representations and Certifications

(4) Bid Guarantee, using Standard Form 24

(5) Subcontracting Plan, required if firm is other than small business

(6) GSA Form 527 Contractor’s Qualification and Financial Information

II.B. Proposal Format

(1) Offerors responding shall submit one electronic copy to helen.dimonte@gsa.gov and one

(1) original and seven (7) hard copies of both the technical and the price proposal. The submission should be in an 81/2” x 11” bound format, or 3ring binder and should be organized to correspond with the evaluation factors listed below. Electronic submission should be a PDF file.

In the event of a discrepancy, the PDF copy shall be the controlling document. Please ensure that the PDF file is a “read only” document. The proposal package shall be comprised of two sealed envelopes, one to contain one original and seven copies of the technical proposal to be marked “TECHNICAL PROPOSAL” and the other to contain one original and seven copies of the price proposal to be marked “PRICE PROPOSAL”. All envelopes shall clearly identify the firms’ name and address.

(2) All signatures on all documents, originals and copies, must be original signatures in ink and in a color other than black.

(3) All proposal development costs shall be borne by the Offerors without reimbursement from

GSA.

(4) Any proposal that does not meet all of the following criteria will be rejected as unresponsive.

(The Solicitation) Pages 6 of 27 mailto:helen.dimonte@gsa.gov

II.C. Price Proposal

(1) Contents

The Price Proposal shall consist of the SF 1442 and the Contract Price Form included in Section II of the Agreement. Indicate the Base Contract Price, or if no such distinction is made, the Contract Price, in Block 17 of the SF 1442, which must be fully executed by the Offeror.

(2) Qualifications, Exclusions and Conditions

If the Offeror communicates in its proposal any qualifications, exclusions, or conditions to the proposed prices not provided for in the Contract Documents, the Contracting Officer may reject the proposal and exclude the Offeror from further discussions.

II.D. Technical Proposal

The Technical Proposal shall include the information requested below for the nonprice factors described in Section VI.

FACTOR #1: Experience in providing Design Build Services on similar/comparable projects

Description:

This factor considers the extent of the Offeror’s past experience as a firm in providing Design Build services on similar projects. Experience can be described as what jobs a firm has performed. The Offeror must demonstrate successful experience as a Design Build (DB) Contractor responsible for the design and construction of two (2) similar projects substantially completed within the past eight (8) years as defined below. A similar project is defined as a project that is similar in scope, delivery method, complexity and size as compared to this project AND contains all of the following characteristics:

(a) The project involved a modernization and/or renovations to an existing building’s fire and life safety protection systems, inclusive of replacement of complex fire protection systems including fire alarm systems, sprinkler systems and fire doors

(b) DesignBuild costs at time of award was not less than $10 million

(c) Project involved work on a historic building. Historic Buildings are defined as buildings 50 years or older and listed on any local, state or federal historic register or district.

(d) Project involved phased construction in an occupied building.

(e) The DesignBuild team (proposed for this solicitation and listed under Factor #2) has worked together on the project submitted under this technical evaluation Factor #1.

“Similar” projects (as defined above) will be favored over “comparable” projects (as defined below).

(The Solicitation) Pages 7 of 27

All Offerors (including Offerors that meet all the requirements of a “similar project” characteristics listed above and Offerors that don’t have “similar projects”, may present not more than 3 additional “comparable projects” substantially completed within the last eight (8) years. Comparable projects are projects which contain any 3 (or more) of the following characteristics:

(a) The project involved a modernization and/or renovations to an existing building’s fire and life safety protection systems, inclusive of replacement of complex fire protection systems including fire alarm systems, sprinkler systems and fire doors

(b) DesignBuild costs at time of award was not less than $10 million

(c) Project involved work on a historic building. Historic Buildings are defined as buildings 50 years or older and listed on any local, state or federal historic register or district.

(d) Project involved phased construction in an occupied building.

(e) The DesignBuild team (proposed for this solicitation and listed under Factor #2) has worked together on the project submitted under this technical evaluation Factor #1.

Submittal Requirements:

For each project presented in relation to this Experience Factor #1, the Offeror must explain how the characteristics of the project relate to the characteristics of this project. The similarity to this project is more important than the quantity of projects presented. For each project presented the Offeror shall submit the following data/information:

(a) Project Title

(b) Is the project similar or comparable (as defined above)

(c) Owner and/or Occupants(s)/Tenant(s)

(d) Location

(e) Description including Gross Square Footage

(f) Special Features (Fire Life Safety System, Historical Consideration, occupied etc.)

(g) Contract Award Date

(h) Contract Type and Contractor's Responsibilities (Scope of Work)

(i) Date of Substantial Completion

(j) Date of Final Completion

(k) Contract Cost at Award

(l) Contract Cost at Completion

(m) Original Schedule Completion Time at Contract Award (Calendar Days)

(n) Actual Completion Time (Calendar Days)

(o) Relevant images

This factor will be evaluated as follows:

The Offeror’s written response to this RFP and by the past experience demonstrated by the projects presented. Experience will be evaluated as an indicator of the Offeror’s capacity to perform the contract contemplated by this solicitation.

(The Solicitation) Pages 8 of 27

The standard is met when the Offeror has documented past experience for two (2) projects substantially completed in the past eight (8) years. “Similar” projects will be favored over “comparable” projects. If the Offeror materially misrepresents information relating to its experience, the Contracting Officer may reject the proposal.

FACTOR #2: Qualifications of Key Personnel

Description:

The Offeror shall identify the personnel they propose to fill the key team member positions (both design and construction), state their roles and responsibility to the project and indicate if the individual has signatory authority and what percentage of their time will be onsite.

The Offeror shall provide evidence of the competency, past performance, qualifications and related experience of key team members. Key team members need to demonstrate experience with projects submitted under Factor #1, or demonstrate experience with "similar" or "comparable" project work. If the key team members did not work on the projects submitted under Factor #1, provide contact information for two references each who can provide thorough knowledge of the details of the individual’s performance, and the position they held for that project, (such as the Project Manager, Building Owner, or Contracting Official associated with the project) in a similar position on a similar or comparable project.

The Offeror shall provide resumes for each proposed key team member clearly indicating their currently held position/title, proposed project position/title, education, qualifications, professional licensing, personal awards received, and work experience (including roles) over the last eight (8) years. Clearly indicate if a key team member is DesignBuild certified through the Design Build Institute of America.

Provide a matrix chart clearly identifying the roles that key team members held on the projects submitted under the Factor #1:

At a minimum, key team members are as follows:

● Project Executive

● Project Manager

● Lead Designer (Architect of Record)

● Fire Protection Engineer (Lead)

● Additional professionals: electrical engineer, preservation architect, environmental engineer, Technicians NICET 3 or 4 certified

● Site Superintendent

● Foremen

(The Solicitation) Pages 9 of 27

Note 1: Any of the team members indicated above may be represented by the same individual/firm, except as noted in the description of contractor roles and responsibilities outlined within the RFP. Offerors should clearly note in their submittal documents any of the above key team members who will be represented by the same individual/firm.

Note 2: No substitution to key personnel shall be made without prior approval of the Contracting Officer (CO). In the event that personnel approved by the CO are unable to perform their duties due to death, illness, resignation from the Contractor's employment, the CO's request for removal, or similar reasons, the Contractor shall promptly submit to the CO, in writing, the name and qualifications of a proposed replacement with equal or superior qualifications. This replacement, if approved by the CO, shall be submitted to the Government within three calendar days from the time of removal and shall in no way delay the project schedule. If the schedule is delayed due to the DesignBuilder’s lack of timely submittal or lack of an equally qualified submittal, the Design Builder shall be responsible for any and all resulting costs associated with the delay. Any approved substitutions shall be made at no increase in contract price and/or decrease in capabilities.

Submittal Requirements:

The Offeror must submit the following:

1. Resumes for each key team member clearly indicating their currently held position/title, proposed project position/title, education, qualifications, professional licensing, personal awards received and work experience.

2. A matrix chart clearly identifying the roles that key team members held on the projects submitted under the Factor #1 Experience.

This factor will be evaluated as follows:

Each of the key team members has held at least one comparable position, to that proposed, for a similar or comparable project and has the appropriate education, training, experience and certification required to be assigned to this position and for this project. Preference shall be given to those members having experience on multiple similar projects in comparable positions.

FACTOR #3: Management Approach

Description:

This factor considers the Offeror’s understanding of the project requirements and the Offeror’s management approach.

Submittal Requirements:

(The Solicitation) Pages 10 of 27

The Offeror shall submit a written plan addressing the following:

● Overall Approach: Offerors shall describe their approach to managing and delivering a project of the magnitude and complexity of THIS project under budgetary and time constraints. The description shall include a discussion of offeror’s approach to managing the project to meet or exceed performance criteria, on schedule, and within budget.

Offerors should include discussions of how the schedule for the project will be developed while, at the same time, managing any changes that may occur. Offerors previous experience in managing complex fire protection projects shall be presented. Offerors must address the capability to perform the work.

● Risk Management Plan: Offerors shall identify what they believe are the most significant risks associated with this project. Such risks should include matters that jeopardize performance within budget and schedule limitations, problems created by working on an significantly historic and occupied building. Offerors shall provide a description of their risk response strategy. Offerors shall describe examples of successfully managing similar risks on previous projects. Offerors shall also describe their longrange plans for securing and maintaining the resources necessary to complete the project. Resources discussed should include, but not be limited to, key manpower, equipment and material. Discussion should indicate if these resources will come from inhouse or from major subcontractors for fire alarm systems, sprinkler systems, fire and egress doors, elevators, foundations, selective demolition, structural, mechanical and electrical portions of the work.

● Organization Chart: Offerors shall provide an organization chart for their team for this project showing organizational positions – only key personnel names are required. This chart shall show lines of authority within the project team, between the project team and its corporate organizations, and between the project team and the Government.

● Quality Control Plan (QCP): Offerors shall provide a Design and Construction Quality Control Plan (QCP) tailored to THIS Project. The QCP shall contain Offeror’s methodology for controlling quality during both design and construction. The Plan shall also demonstrate the Offeror’s understanding of the high level of quality expected due to the nature of the historically significant building and the means by which the DesignBuild Contractor will attain the quality throughout both the design and construction portions of the Work.

● Management Plan: Offerors shall provide a Management Plan for the Project that explains how the various team members will work together and the methodology and processes for managing this entire Project. The Plan shall describe the process during design for solving the technical, functional, and constructability issues while maintaining the design intent and obtaining approvals. The Plan shall discuss the method of coordination with GSA. The Plan shall refer to the use of schedules and cost control systems. The Plan shall also discuss how the Offeror will ensure that Government and other necessary permits and approvals are received for this Project in a timely manner so that the completion date of the construction is not delayed.

(The Solicitation) Pages 11 of 27

This factor will be evaluated based upon the written response included in the technical proposal.

The proposal should delineate the Offerors’ knowledge, programs and processes relating them to the unique requirements of this project and demonstrating their approach to its management and execution.

This factor will be evaluated as follows:

1 The Offeror’s Management Approach indicates the Offeror’s understanding of the project requirements.

2. The Offeror’s Management Approach demonstrates the Offeror’s understanding of the schedule and performance criteria as well as an understanding of the risks associated with this type of project including the availability of resources to perform the work.

3. The organization chart submitted demonstrates that the Offeror has a clear understanding of the level of staffing necessary as well as the qualifications and expertise of that staff to successfully execute this project. The proposed staff appears capable of completing this project within the given timeframe, working hours and budget.

4. The Quality Control Plan clearly demonstrates a commitment to a quality design and construction and procedures for mitigating problems due to design omissions and errors. The Offeror has shown that their processes for planning, organizing, coordinating, controlling and communicating can be successfully implemented within their proposed organization and will facilitate the execution of the project.

FACTOR #4: Past Performance in providing DesignBuild Services on similar/comparable projects

Description:

Past performance can be described as how an Offeror performed on a job. This factor considers the Offeror’s Past Performance for the projects submitted under evaluation Factor #1 on similar/comparable projects. This factor will be evaluated based upon the responses from the references provided by the Offeror.

The Government intends to contact those individuals who are provided as references by the Offeror to verify that the services provided comply with contract requirements and overall quality of performance.

(The Solicitation) Pages 12 of 27

Submittal Requirements:

The Offeror must submit the following information at a minimum:

1. Provide current contact information for two individuals for each project submitted under Factor #1. References must have thorough knowledge of the details of the Offeror’s performance, be a representative of the owner and be associated with the project for the majority of the contract performance period.

Provide contact name, title, company name, role in the project, address, current telephone number and current email address for each individual.

This factor will be evaluated as follows:

1. References contacted provide favorable evaluations indicating that the projects have met or exceeded the customers’ requirements in a timely manner, and within established budgets.

2. FAR 15.305(a)(2)(iv) states, "In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance." Therefore, failure of the Offeror to provide a minimum of two relevant references, and/or the inability of the Government to complete a minimum of two reference checks after making a reasonable effort to do so, may result in the Offeror being rated as "neutral" on the past performance factor. The Government is not required to conduct or complete reference checks on more than the two required references for each Offeror. In addition to contacting references provided by the Offeror, the Government may solicit other sources to find references for the Offeror.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in the System for Award Management accessed via https://www.sam.gov. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.2048), using the attached Offeror’s Representations and Certifications (C301).

(2) Qualifications of Offerors Financial Capacity Criteria

Offerors submitting a proposal in response to this Solicitation shall submit with their proposal evidence of their financial responsibility and capacity to perform the Contract. Offerors shall submit this information on GSA Form 527 – Contractor’s Qualifications and Financial Information. Where applicable, point of contact, including names and telephone numbers, are required for all contracts listed.

June 24, 2015 (The Solicitation) Pages 13 of 27 https://www.sam.gov/

(3) Go/No Go Requirement Offerors submitting a proposal in response to this Solicitation shall submit with their proposal evidence of bonding capacity.

(4) Subcontracting Plan

In accordance with FAR 52.2199, Small Business Subcontracting Plan (OCT2014), a plan is required to be submitted with offers. The plan must show a good faith effort and meet all goals.

In addition, the written plan must include an acceptable subcontracting plan that provides for participation by Small Business, VeteranOwned Small Business, Small Disadvantaged Business, HUB Zone, WomenOwned Small Business, and ServiceDisabled VeteranOwned Small Business firms in the percentages specified in the RFP. The plan must demonstrate an understanding of the small business subcontracting program’s objectives and GSA’s expectations with respect to the program and must include all the information, goals, and assurances required by FAR 52.2199. This subcontracting plan must be proposed by large businesses to be eligible for award.

GSA is committed to supporting the Small Business Program. These commitments extend to Historically Underutilized Business Zones (HUBZone), Small Business (SB), Small Disadvantage Business (SDB), WomenOwned Small Business (WOSB), VeteranOwner Small Business (VOSB), and Service Disabled Veteran Owned Small Business (SDVOSB). Large business will be required to submit a subcontracting plan. This subcontracting plan only applies to work performed in the United States and its possessions.

GSA has established subcontracting goals of at least 37% of the subcontracted effort to small businesses. Of the total subcontracted effort, the targets are a minimum of 3% to HUBZone firms, 6% to SDB firms, 5% to WOSB firms, 5% to VOSB firms and 3% to SDVOSB firms.

FAR 52.2198, Utilization of Small Business Concerns states in part; “The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance.” If the Offeror does not intend to subcontract, provide a detailed explanation why subcontracting would not result in efficient contract performance.

Solicitation Submittal Requirements: Identify, in terms of dollar value and percentage of total proposed price, the extent of work you will perform as the prime contractor in your proposed Subcontracting Plan. Identify, in terms of dollar value and percentage of total proposed price, the extent of work you will perform as the prime contractor. State the extent of work, including type and percentages, you plan to subcontract to LB, HUBZone, SB, SDB, WOSB, VOSB, SDVOSB firms, and if applicable, HBCU/MI. Small business Offerors should not submit subcontracting plans.

II.F. Requirements for Joint Venture Offerors

(1) All offers submitted by joint ventures must include a copy of an executed joint venture agreement (with original signatures) which fully discloses the legal identity of each member of the joint venture, the relationship between the members, the form of ownership of each member, and any limitations on liability or authority for each member.

(The Solicitation) Pages 14 of 27

(2) An authorized representative of each member of the joint venture must sign the SF 1442 accompanying an offer regardless of any agency relationship established between the members.

(3) In the case of corporations that are joint venture members, the corporation secretary must certify that the corporation is authorized to participate in the joint venture, either by so certifying in the joint venture agreement, or by submitting a separate certification to the Government. The joint venture must also provide a certificate that identifies a principal representative of the joint venture with full authority to bind the joint venture.

(4) Representations and certifications, financial information, and past performance information must be submitted for each member of the joint venture.

III. General Provisions

III.A. Availability of Funds

Issuance of this Solicitation does not warrant that funds are presently available for award of a Contract. Award of the Contract shall be subject to the availability of appropriated funds, and the Government shall incur no obligation under this Solicitation in advance of such time as funds are made available to the Contracting Officer for the purpose of Contract award.

III.B. Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but will not warrant that all such requests will be answered within 15 calendar days. Therefore, prospective Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.

III.C. Notice to Small Business Firms

A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the Small Business Administration (SBA) (www.sba.gov). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

III.D. Information Concerning the Disclosure of Solicitation Results

This acquisition is being conducted under the provisions of FAR Part 15 as a negotiated procurement. In accordance with FAR 3.104 and FAR 15.207, after receipt of proposals, no information regarding the identity of those submitting offers, the number of offers received, or the information contained in such offers will made available until after award except as provided by

FAR 15.503.

(The Solicitation) Pages 15 of 27

III.E. Affirmative Procurement Program

GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and biobased products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement. Refer to clauses FAR 52.2044 requiring double sided printing on recycled paper for all reports and FAR 52.22310 encouraging vendors to practice waste reduction.

III.F. Notice Concerning Preparation of Proposals

Offerors are cautioned to carefully read the entire Solicitation and the Agreement to be included in the Contract contemplated by the Solicitation in order to be fully aware of all requirements and clauses in the contemplated Contract. Verify that all blanks requiring information to be supplied in an Offer have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the Offer contain the same information.

III.G. Bond Requirements

If a bid guarantee is required to be submitted with your offer, any contract awarded will require a performance bond as specified in the Agreement. Offerors who utilize individual sureties should note the requirement for a certified, audited, financial statement for each person acting as an individual surety under clause FAR 52.2281 Bid Guarantee and the requirements of clause FAR

52.22811 Pledge of Assets.

III.H. Contractor Performance Information

(1) Evaluating Contractor Performance: The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process.

CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is http://www.cpars.gov

Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

(2) CPARS Registration: Each award requiring an evaluation must be registered in CPARS.

The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an email that contains user account information, as well as the applicable contract and order number(s) assigned. Contractors will be granted one user account to access all evaluations.

(3) Contractor CPARS Training: Contractors may sign up for CPARS training. A schedule of classes will be posted to the CPARS training site (http://www.cpars.gov/allapps/cpcbtdlf.htm) and updated as needed.

June 24, 2015 (The Solicitation) Pages 16 of 27 http://www.cpars.gov/ http://www.cpars.gov/allapps/cpcbtdlf.htm

(4) Contractor Representative (CR) Role: All evaluations will be sent the Contractor Representative (CR) named on your award. The CR will be able to access CPARS to review and comment on the evaluation. If your CR is not already in the CPARS system, the contracting officer will request the name and email address of the person that will be responsible for the CR role on your award.

Once an evaluation is ready to be released the CR will receive an email alerting them the evaluation is ready for their review and comment. The email will indicate the time frame the CR has to respond to the evaluation; however, the CR may return the evaluation earlier than this date.

GSA shall provide for review at a level above the contracting officer (i.e., contracting director) to consider any disagreement between GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file.

III.I. Safeguarding Documents Designated as Sensitive But Unclassified

Certain information contained in the Solicitation Documents may have been designated as Sensitive but Unclassified (SBU) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information, as set forth in the provision “Administrative Matters” in Section III of the Agreement, as a condition of receipt of such information.

IV. FAR/GSAR Solicitation Provisions

IV.A. FAR 52.2151 Instructions to Offerors—Competitive Acquisition (JAN 04)

(a) Definitions. As used in this provision— “Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

(The Solicitation) Pages 17 of 27

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(The Solicitation) Pages 18 of 27

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.2155, Facsimile Proposals.

Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.22517, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, (The Solicitation) Pages 19 of 27 use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government. (f)(4) The Government intends to evaluate proposals and award a contract after conducting discussions with offerors whose proposals have been determined to be within the competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(The Solicitation) Pages 20 of 27

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection…

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